A power tiff over state jobs

Gov. David Paterson and Civil Service Commissioner Nancy Groenwegen briefly seized a new power to let agency heads appoint people they wanted to hundreds of jobs. But State Judge Joseph Teresi's July 25 order in a lawsuit shot down their move to reclassify professional titles to be exempt from civil service list hiring.

The action, dealing with 29 medical titles held by 1,700 people, would have "opened the floodgates for the placement of many other titles which require licensure," said Public Employees Federation President Kenneth Brynien, who sued Groenwegen, Paterson and Civil Service.

Teresi didn't go along with Groenwegen's argument that it is difficult to recruit from the civil service test list to hire physicians, psychiatrists, dentists and veterinarians so the posts should be reclassified as "noncompetitive," meaning no one would have to take a test and qualify based on their scores. The judge ruled the change would "have broad implications" allowing for "reclassification of essentially all licensed and certified professionals."

Groenwegen has been passionate about the matter and is considering appeal. "We clearly believe the decision was wrong," she said. "This does raise a fundamental question of how do you define a merit system in 2009?" She said she respects PEF's concerns about the dismantling of the traditional merit system but the constitution allows for alternatives to tests to promote nimbleness and flexibility in hiring.

Insiders say she's sought the changes as a good way to ensure minority hiring and greater diversity in the state work force, but she says that's not the motivation. The key reason is that a civil service exam isn't the best way to find the best people and is redundant because the doctors already proved their qualifications by gaining licenses and graduating from academic institutions, she said. The commissioner is up against a lot of skeptics.

Darcy Wells, a spokeswoman for PEF, said if the jobs became noncompetitive it "would open the doors to cronyism."

Paterson signed the rule change in November over the objections of PEF and the Civil Service Employees Association. The unions said the switch would undermine the constitutionally mandated merit and fitness system "which instills public trust."

Merton Simpson, president of the Albany chapter of Blacks in Government, said: "The reason why they want to put these positions in the non-competitive class is so they can make patronage appointments."

Nicholas Vagianelis is retiring from what many state employees regard as the best job in state government - the statutorily required job that, once installed, you cannot be removed from, of director of classification and compensation at Civil Service, which pays $152,800. Deputy Civil Service Commissioner Patricia A. Hite, who is paid $157,800, was appointed by Groenwegen to fill the vacancy. She is sacrificing some pay but securing a nice post. She already had a hold on a management job.

New elections executive

Schenectady's Robert Brehm has been tapped to take the $152,000 job of co-executive director of the state Board of Elections, filling the seat of 35-year Democratic appointee Stanley L. Zalen, who is retiring. Brehm has been a spokesman for the board.